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TMI Blog2015 (3) TMI 517X X X X Extracts X X X X X X X X Extracts X X X X ..... ention of the Revenue that the appellant was not entitled to take credit at all. As regards the reversal of credit on rectified spirit cleared as such the appellant has discharged a sum @6% of the value of the rectified spirit cleared as such. In these circumstances, and also considering the decisions of the Tribunal [2006 (9) TMI 59 - CESTAT,BANGALORE] and [2007 (4) TMI 31 - CESTAT,BANGALORE], th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been confirmed against the appellant M/s. Madhukar Sahakari Sakhar Karkhana Ltd., Jivaramnagar, towards the ineligible CENVAT credit taken on molasses and mash tone under the provisions of CENVAT Credit Rules, 2004 read with the provisions of Central Excise Act, 1944. A penalty of ₹ 9 lakhs is also imposed on the appellant. Aggrieved of the same the appellant is before us. 3. The learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot sustainable in law as the ultimate product manufactured/ is an excisable product on which excise duty liability has been discharged. Even on the rectified spirit cleared as such, which is generated at the interim stage, the appellant has paid a sum of 5% of the value of the goods. In these circumstances, the question of reversal of credit does not arise. He also relies on the decisions of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... molasses consumed in the manufacture of rectified spirit cleared as such. Accordingly, he pleads for putting the appellant to terms. 5. We have carefully considered the submissions made by both the sides. As far as the demand for reversal of credit in respect of molasses consumed in the manufacture of denatured spirit, prima facie , we do not find any merit in the contention of the Revenue that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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